Citation Nr: 21026155 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 17-44 878 DATE: April 30, 2021 REMANDED Entitlement to an initial disability rating in excess of 10 percent prior to December 13, 2019, and in excess of 20 percent thereafter for lumbosacral strain and degenerative arthritis of the spine is remanded. Entitlement to an initial disability rating in excess of 10 percent for right knee patellofemoral syndrome, shin splints is remanded. Entitlement to an initial disability rating in excess of 10 percent for left knee patellofemoral syndrome, shin splints is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1995 to December 2015. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision. Most recently, the Veteran’s claims for increased ratings were remanded by the Board in July 2020 for further development. Unfortunately, the Veteran’s claims must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims, so he is afforded every possible consideration. 1. Entitlement to an initial disability rating in excess of 10 percent prior to December 13, 2019, and in excess of 20 percent thereafter for lumbosacral strain and degenerative arthritis of the spine is remanded. 2. Entitlement to an initial disability rating in excess of 10 percent for right knee patellofemoral syndrome, shin splints is remanded. 3. Entitlement to an initial disability rating in excess of 10 percent for left knee patellofemoral syndrome, shin splints is remanded. The Veteran’s claims for increased ratings were remanded by the Board in July 2020, in part, to obtain treatment records from the Naval Medical Center Camp Lejeune (NHCL). In particular, a May 2020 VA treatment record advised that the Veteran underwent magnetic resonance imaging of his lumbar spine in April 2019 at NHCL and that he visits a primary care physician at that location routinely. Pursuant to the Board’s remand directives, treatment records from NHCL were requested and obtained. However, the treatment records obtained by VA primarily relate to treatment prior to December 2015, as the RO only requested records dated during the Veteran’s service from December 1995 to December 2015. As such, none of the Veteran’s post-service treatment records were obtained, including the April 2019 MRI of the Veteran’s lumbar spine. Thus, a remand is required to allow VA to request these potentially relevant treatment records. Additionally, the Veteran’s VA treatment records provide that since March 2019, he has visited the emergency room and a private physician for his knee disabilities. The Veteran’s claims folder does not contain these treatment records. A remand is required to allow VA to obtain authorization and request these records. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from November 2020 to the present. 2. Request the Veteran’s complete treatment records from the Naval Medical Center at Camp Lejeune, dated from December 2015 to the present. If the records cannot be obtained, then prepare a Memorandum of Formal Finding of Unavailability of Treatment Records and notify the Veteran of all records deemed to be unavailable. 3. As noted above, the Veteran’s treatment records provide that since March 2019, he has visited the emergency room and a private physician for his knee disabilities. Ask the Veteran to complete a VA Form 21-4142 for his private physician and facilities/emergency room relating to his knee disabilities. Make two requests for the authorized records from any physicians and facilities adequately identified by the Veteran, unless it is clear after the first request that a second request would be futile. 4. After reviewing any newly obtained records, make a determination as to whether additional examinations of the Veteran’s back and knees are necessary. If so, schedule the Veteran for appropriate VA examinations. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sean Mussey, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.